Smyth Worldwide Movers, Inc. v. Whitney

This appeal concerns the validity of a stipulated order which modified a decree of foreclosure by giving a junior encumbrancer the right to redeem from the sheriff’s sale, a right denied by the earlier decree.

The pertinent and undisputed facts are these: Smyth Worldwide Movers, Inc., hereinafter referred to as “Smyth,” brought suit to foreclose its first mortgage on certain real estate; named the First Bank of Valdez, hereinafter referred to as “Valdez,” as holder of a second mortgage on the same real estate; and asked for a decree of foreclosure free from all redemption rights, pursuant to…